Why do I Need a Divorce Attorney when I can do it Myself?

During these economic times and living in a fast, digital world, many spouses have decided to represent themselves (“pro se”) in their divorce proceedings. In certain circumstances, many spouses have had no issues and complete their divorce with their heads held high. However, there are many instances when spouses take on the daunting task of representing themselves only to retreat to an attorney’s office in complete despair. Why are some spouses able to represent themselves with ease while other spouses have gotten completely in over their heads?

Here are a few reasons why consulting with an attorney may be the right choice for you:

1. Unlike a licensed attorney, spouses are typically novices in family law. The family law courts tend to be unsympathetic to spouses who represent themselves. As a result, the family law courts are required to hold pro se spouses to the same standards as licensed attorneys. Pro se spouses are required to understand the family law code that pertain to their case and how to apply the laws. The family law courts are prohibited from providing any legal advice or guidance. In addition to having a thorough understanding of the family law code, pro se spouses are required to understand the local court rules. If the local court rules are not followed as stated, pro se spouses typically will have their pleadings rejected for filing, have their case dismissed, or have their case remain stagnant.
2. Divorce is an emotional roller coaster no matter how much the spouses agree. One event can trigger a simple, uncontested divorce into a free-for-all. When emotions such as resentment or sadness are encountered, these emotions can negatively influence the spouses’ critical decision making. In most divorces, it is extremely difficult to make a sound decision in your divorce proceedings without putting in any of your personal emotions. With an attorney advocating on your behalf, logic and reason will be utilized compared to potentially negative emotion.
3. Many spouses try to represent themselves in an attempt to save money. What spouses do not realize is how much time and effort it takes to complete a divorce. After calculating the time spent reading the material they receive from the internet or from kits they have ordered, having to comprehend and apply what they are required to do, and having to make sure that they discussed and agreed to all the issues with their other spouse, the spouses have spent way more time and effort than what it would have cost them to consult with an attorney. While representing yourself may be inexpensive if done correctly, it may develop into a slow, expensive process if done wrong.

 With all legal issues, retaining an attorney has a cost. However, the cost of representing yourself could result in a cost much higher.